HomeMy WebLinkAboutR-16-0518City of Miami
Legislation
Resolution: R-16-0518
File Number: 1099
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 10/27/2016
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN
ACCESS AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM,
BETWEEN THE CITY OF MIAMI ("CITY"), MIAMI VIRGINIA KEY BEACH PARK
TRUST ("TRUST"), AND NATIONAL MARINE MANUFACTURERS
ASSOCIATION INC. ("NMMA"), WHEREBY THE CITY AND TRUST GRANT TO
NMMA TEMPORARY ACCESS RIGHTS TO USE CERTAIN CITY -OWNED
PROPERTY, LOCATED AT 4020 VIRGINIA BEACH DRIVE, MIAMI, FLORIDA
33149 ("PREMISES"), AND MORE SPECIFICALLY DESCRIBED IN EXHIBIT "A",
ATTACHED AND INCORPORATED HEREIN, FOR THE PURPOSES OF
PROVIDING SHUTTLE SERVICES AND PARKING, AND FOR OTHER
ANCILLARY USES DURING THE 2017 MIAMI INTERNATIONAL BOAT SHOW
("BOAT SHOW") AND FUTURE BOAT SHOWS, WITH THE TERMS AND
CONDITIONS MORE PARTICULARLY DESCRIBED IN THE ACCESS
AGREEMENT ("AGREEMENT"), PROVIDED THAT TO THE EXTENT PUBLIC
ACCESS TO THE SHORELINE IS PROVIDED BY THE LAWS OF THE STATE
OF FLORIDA SUCH ACCESS SHALL NOT BE LIMITED BY THE AGREEMENT;
FURTHER AUTHORIZING THE CITY MANAGER TO MAKE NON -SUBSTANTIVE
AMENDMENTS TO THE ACCESS AGREEMENT, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, AS NEEDED.
WHEREAS, the City of Miami ("City") is the owner of the property located at 4020
Virginia Beach Drive, Miami, Florida 33149 ("Premises"); and
WHEREAS, the Virginia Key Beach Park Trust ("Trust") manages and operates the
Premises; and
WHEREAS, the City Commission adopted Resolution No. 15-0009 on January 8, 2015
authorizing the City Manager to execute a Revocable License ("License") between the City and
National Marine Manufacturer's Association Inc. ("NMMA") for the use of a portion of Virginia
Key upland and submerged lands (collectively, the "Property"), to be used for the purpose of
presenting to the public the Miami International Boat Show ("Boat Show"); and
WHEREAS, NMMA will pay the City fifty percent (50%) of the profits obtained as a result
of the Boat Show per the Boat Show License; and
WHEREAS, the License further authorized the creation of Access Agreements along
Virginia Key to implement the License and be incorporated as Exhibits thereto, subject to City
Commission approval; and
WHEREAS, the City and the Trust grant to NMMA temporary access rights to use a
certain portion of the Premises, as more specifically described in Exhibit "A," attached and
incorporated, for the purposes of providing shuttle services over, across, and through the
City of Miami Page 1 of 2 File ID: 1099 (Revision: A) Printed On: 6/7/2018
File ID: 1099 Enactment Number: R-16-0518
Premises, and parking, and for other ancillary uses during the 2017 Boat Show and future Boat
Shows; and
WHEREAS, to the extent public access to the shoreline is provided by the laws of the
State of Florida such access shall not be limited by this Access Agreement ("Agreement");
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The City Manager is authorized' and directed to execute an Agreement, in
substantially the attached form, between the City of Miami ("City"), Miami Virginia Key Beach
Park Trust ("Trust"), and National Marine Manufacturer's Association Inc. ("NMMA"), whereby
the City and the Trust grant to NMMA temporary access rights to use certain portion of the
Premises, for the purposes of providing shuttle services over, across, and through the premises,
and parking, and for other ancillary uses during the 2017 Boat Show and future Boat Shows,
provided that to the extent public access to the shoreline is provided by the laws of the State of
Florida such access shall not be limited by the Agreement.
Section 3. The City Manager is authorized' to make non -substantive amendments to
such Access Agreement, in a form acceptable to the City Attorney, as needed.
Section 4. This Resolution shall become effective immediately upon adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS
' The herein authorization is further subject to compliance with all requirements that may be imposed by
the City Attorney, including but not limited to, those prescribed by applicable City Charter and City Code
provisions.
2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
City of Miami Page 2 of 2 File ID: 1099 (Revision: A) Printed on: 6/7/2018